Incorrect Entry of a Hunted Wild Animal in the Hunting Bag Control

Facts

The appellant [X.] shot a roe deer on 7 October 2006 in the municipality of Eggiwil. When recording the kill in the control booklet, he incorrectly stated hunting area 27 instead of the correct hunting area 5. He was subsequently convicted of incorrect entry of hunted wild animals in the hunting bag control. The appellant filed a criminal complaint against the judgment of the High Court of the Canton of Bern, which confirmed the conviction.

Considerations

The Federal Court dismissed the complaint. It stated that the principle of legality in the field of cantonal misdemeanor criminal law directly follows from constitutional law. The cantonal law provisions in Art. 19 and 31 of the Bernese Hunting and Wildlife Protection Act and Art. 17 of the Hunting Ordinance provide a sufficiently clear and precise basis for punishing the incorrect entry in the hunting bag control. The requirement of legal certainty of the principle of legality is thus fulfilled.

Furthermore, the Federal Court did not consider the criminal complaint filed by the hunting inspectorate…